Illinois security deposit law, in plain English

The 30-day rule

A landlord who wants to keep any part of your deposit for damage has to give you an itemized statement of that damage within 30 days of you vacating. The statement lists each item and the estimated or actual cost to repair or replace it, with paid receipts attached or to follow.

If they send estimates rather than receipts, the receipts have to follow within 30 days of that statement.

The five-unit rule everyone still quotes was repealed in 2024

For decades the Act covered only a lessor of residential real property containing five or more units, and small landlords sat outside it entirely. Search for Illinois deposit law today and most of what you find still says exactly that.

It is no longer true. Public Act 103-0224 struck the words containing 5 or more units from Section 1, effective January 1, 2024. Every residential landlord in Illinois is now covered, down to someone renting out one half of one duplex.

That change matters more here than almost anywhere. Much of the Machesney Park, Roscoe and Rockton rental stock is duplexes, single-family houses and small conversions owned by individual landlords, and until 2024 none of those tenants had the 30-day clock on their side. Now they all do.

If a landlord tells you the Act does not apply because they only own a couple of units, they are quoting a version of the law that expired. You can check the enrolled act yourself on the Illinois General Assembly site.

What happens if they miss the deadline

If no statement and no receipts arrive as required, the landlord must return the deposit in full within 45 days of the date you vacated.

A landlord who refuses to supply the itemized statement, or supplies one in bad faith, and fails to return the deposit in time can be liable for twice the amount of the deposit plus court costs and reasonable attorney fees.

Cleaning is not damage

The Act concerns damage beyond normal wear and tear, and costs reasonable to restore the unit to the same condition.

This is why a documented professional clean is worth more than the clean itself. It turns a vague argument about whether the place was dirty into a dated invoice and a set of photographs.